REGAL PAINTS PTY LTD v WASSON; REGAL PAINTS Pty Ltd v VELLA [1993] NSWCA 228

REGAL PAINTS PTY LTD v WASSON; REGAL PAINTS Pty Ltd v VELLA [1993] NSWCA 228

The trial judge did not err in accepting medical evidence and awarding proportionate compensation for permanent injuries and pain and suffering; the discretion under s67 was properly exercised and MBP (SA) Pty Ltd v Gogic does not apply to interest in statutory compensation awards.

Parties
Appellant: Regal Paints Pty Ltd; Respondent: Wasson; Respondent: Vella
Jurisdiction
Australia
Judgment Date
03 June 1993
Procedural Posture
Appeal / Judgment
Outcome
appeals dismissed with costs
Legal Topics
Assessment of Compensation, Permanent Injuries, Pain and Suffering, Interest Awards
Workers Compensation Assessment of Compensation Permanent Injuries Pain and Suffering Interest Awards

Case Brief

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Parties

Regal Paints Pty Ltd

Appellant

Wasson

Respondent

Vella

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether trial judge erred in assessing percentage losses under s66 and s68 Workers Compensation Act 1987
  2. 2 Whether assessment of pain and suffering under s67 was appropriate
  3. 3 Whether MBP (SA) Pty Ltd v Gogic principles apply to interest under the Act

Ratio Decidendi

The trial judge did not err in accepting medical evidence and awarding proportionate compensation for permanent injuries and pain and suffering; the discretion under s67 was properly exercised and MBP (SA) Pty Ltd v Gogic does not apply to interest in statutory compensation awards.

Court Disposition

appeals dismissed with costs

Orders

  • Appeal in Wasson's case dismissed with costs.
  • Appeal in Vella's case dismissed with costs.